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<br />Contract as Appendix F. The CITY and the BORROWER acknowledge that the STATE shall <br />perfect its security interest in the CONTRACT RIGHTS by filing a UCC-1 Form with the <br />Colorado Secretary of State. <br /> <br />d. In Paragraphs AS, A6, A7, B.3 and C.7, all references to '1he Allotment Contract" are <br />amended to read '1he 1994, 1995, and 1998 Allotment Contracts." <br /> <br />e. The first sentence of Paragraph A9.a is amended by the addition of the following: <br /> <br />...., the BORROWER'S City of Fort Morgan Water Works and Distribution Enterprise <br />Water Revenue Bonds, Series 1997 ("1997 Bonds"), additional parity bonds issued to <br />the AUTHORITY, CWCB and RURAL DEVELOPMENT for financing the completion of the <br />BORROWER'S water supply project, and repayment to State Street Bank under the <br />Reimbursement Agreement, all of which shall have parity status with this loan. <br /> <br />f. Paragraph A9 is amended by the addition of the following: <br /> <br />The STATE, the CITY and the BORROWER recognize that the BORROWER has also <br />pledged said water revenues to repay the BORROWER'S 1997 Bonds and the <br />BORROWER'S obligations under its Reimbursement Agreement with State Street Bank <br />described below, and will pledge said water revenues to repay additional parity bonds <br />issued to the AUTHORITY, CWCB and RURAL DEVELOPMENT for financing the completion of <br />the BORROWER'S water supply project. The BORROWER has provided the STATE with a <br />Coverage Certificate from an independent certified public accountant, attached as <br />Attachment B and incorporated herein, certifying that the BORROWER'S rate schedule will <br />generate revenues in an amount sufficient to pay annual operating and. maintenance <br />expenses, make deposits to all required reserve funds, and make all payments on both <br />existing and proposed bonds. In addition, the BORROWER has obtained a letter of credit <br />backing the 1997 Bonds from State Street Bank and entered into a Reimbursement <br />Agreement with State Street Bank, which Agreement is incorporated herein by reference. <br />Based on the BORROWER'S substantial compliance with this contract, the Coverage <br />Certificate and the STATE'S review of documents relating to issuance of the 1997 Bonds, <br />including, but not limited to, the Reimbursement Agreement, the Official Statement and <br />the Trust Indenture; the STATE has consented to parity status of the 1997 Bonds, the <br />BORROWEfl'S obligations under the Reimbursement Agreement and the loans from the <br />AUTHORITY,. CWCB and RURAL DEVELOPMENT, with this loan, evidenced by the Consent to <br />Issuance of Parity Bonds attached as Attachment C and incorporated herein. . <br /> <br />g. Paragraph D.7 is amended by the addition of the following: <br /> <br />Pursuant to CRS 24-30-202.4 (as amended), the state controller may withhold debts <br />owed to state agencies under the vendor offset intercept system for: (a) unpaid child <br />support debt or child support arrearages; (b) unpaid balance of tax, accrued interest, or <br />other charges specified in Article 22, Title 39, CRS; (c) unpaid loans due to the student <br />loan division of the department of higher education; (d) owed amounts required to be <br />paid to the unemployment compensation fund; and (e) other unpaid debts owing to the <br />state or any agency thereof, the amount of which is found to be owing as a result of final <br />agency determination or reduced to judgment as certified by the controller. <br /> <br />4. The effective date of this Amendment is the date first written above. <br /> <br />5. Except for the SPECIAL PROVISIONS, in the event of any conflict, inconsistency, variance, or <br />contradiction between the provisions of this Amendment and any of the provisions of the <br /> <br />City of Fort Morgan. Colorado & City of Fort Morgan. <br />Colorado, Water Works and Distribution Enterprise <br /> <br />Page 4 of 5 ". <br />